SPECIALIST BUILDING PRODUCTS LIMITED (T/A SHEPHERDS UK) TERMS AND CONDITIONS FOR BUSINESS AND CONSUMER CLIENTS
1. THESE TERMS
1.1 These are the terms and conditions on which we supply:
- standard stocked products;
- special order products; and/or
- bespoke/made-to-measure products,
collectively our “products” to you.
1.2 Please read these terms carefully before you submit your order to us. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 In some areas you will have different rights under these terms depending on whether you are a business customer or a consumer customer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Specialist Building Products Limited (trading as Shepherds UK) a company registered in England and Wales. Our company registration number is 01268689 and our registered office is at Unit 1b Stratford Court, Cranmore Boulevard, Solihull, B90 4QT. Our registered VAT number is GB864450710.
2.2 You can contact us by telephoning our customer service team on 0800 227777 or emailing us at email@example.com.
2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 You can place an order with us:
3.1.1 if you are a consumer, at one of our branches, via our website (by following the on-screen prompts) or by emailing us; and
3.1.2 if you are a business customer, at one of our branches, over the telephone (provided you have a credit account with us), via our website (by following the on-screen prompts) or by emailing us.
3.2 Where you are ordering products online, our online order process allows you to check and amend any errors before submitting your order to us. Please check your order carefully before confirming it. We will also get you to confirm your order when you place your order over the telephone or when you visit us in branch.
3.3 Our acceptance of your order will take place:
3.3.1 where you place an order in one of our branches, when we provide you with written confirmation that we have accepted your order (subject to you making any payments in branch in respect of the products where you are required by us to do so); or
3.3.2 where you place an order over the telephone, via our website or by emailing us, when we email you to accept it, at which point a contract will come into existence between you and us. Please note that all orders are subject to availability.
3.4 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.5 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.6 Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. OUR PRODUCTS
4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that a device's display of the products accurately reflects the colour of them. Your product may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, because some of our products are bespoke or made-to-measure, all sizes, weights, capacities, dimensions and measurements indicated on our website or in our branches have a certain degree of tolerance. The degree of tolerance applicable to your specific product will depend on the type of product and the third party supplier from whom we procure the product on your behalf. We will endeavour to provide you with the relevant degree of tolerance to which your product has been made when we provide you with written confirmation of your order.
4.3 The packaging of the product may vary from that shown in images on our website.
4.4 If we are making the product to specifications, measurements and/or other requirements you have given us, you are responsible for ensuring that these specifications, measurements and/or other requirements are correct.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will:
5.1.1 confirm this to you in writing and let you know about:
(a) any changes to the price of the product;
(b) the timing of delivery or when the product will be ready for collection; and
(c) anything else which would be necessary as a result of your requested change; and
5.1.2 ask you to confirm whether you wish to go ahead with the change.
5.2 If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract, in which case please see clause 8 of these terms for your options.
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat or a safety concern. If these changes will affect your use of the product, we will explain the impact to you.
6.2 If, as a consequence of any changes we make, you want to end the contract see clause 8.2.1 of these terms for your options.
7. DELIVERY / COLLECTION OF THE PRODUCTS
7.1 The costs of delivery will be as displayed to you on our website or as notified to you in-store.
7.2 Unless you have asked to collect the products, we will deliver the products to you and will arrange with you an address for delivery and an estimated delivery date. For standard stocked products, this will normally be within seven working days of the day on which we accept your order. For special order products and/or bespoke/made-to-measure products, the estimated delivery time will be significantly longer and we will confirm our estimated delivery date to you in writing.
7.3 If our delivery of the products is delayed by any event outside our control, a delay to one of our third party suppliers or because the products are out of stock, then we will contact you as soon as possible to let you know, take steps to minimise the effect of the delay and, where products are out of stock, give you an estimate of when we will be able to deliver the products to you. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay of more than seven working days you may either wait for the delay to be resolved and for us to deliver the products to you or you may contact us to end the contract and receive a refund for any products you have paid for but not received in accordance with clause 8.2.3.
7.4 If we have agreed that you may collect the products, you can collect them from us at your local branch at any time during our working hours which are published on our website or available in store.
7.5 If no one is available at your address to take delivery, we will either:
7.5.1 leave the products at your address (where you have indicated that we may do so); or
7.5.2 leave you a note or otherwise inform you of how to rearrange delivery or collect the products.
7.6 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them as agreed, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection within thirty (30) days we may end the contract with you.
7.7 The products will be your responsibility from the time we deliver the products to the address you gave us or you or a carrier organised by you collect the products from us or a delivery depot. You own the products once we have received payment in full and in cleared funds for the products.
7.8 We may need certain information from you so that we can supply the products to you, for example, measurements, specifications or other requirements you may have in respect of the products. If so, this will have been stated in the description of the products on our website or made clear to you in branch. We will contact you to ask for this information or ask you for it whilst you are in branch. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9 Notwithstanding clause 7.3, we may have to delay the delivery of a product or the time by which a product will be available for collection in order to:
7.9.1 deal with technical problems or make minor technical changes;
7.9.2 update the product to reflect changes in relevant laws and regulatory requirements; or
7.9.3 make changes to the product as requested by you or notified by us to you.
7.10 We will contact you in advance to tell you if we need to delay delivery of the products or the time by which a product will be available for collection, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we delay it, or tell you we are going to delay it, in each case for a period of more than four weeks and we will refund any sums you have paid in advance for the product.
7.11 Where you purchase products online via our website, we will require you to pay for the products up front and in full as part of the ordering process. Where you purchase products in branch, we will generally require you to pay for the products up front and in full when placing your order in branch, unless you have a credit account with us, although we may agree that you pay us a deposit in respect of the products and the remaining balance prior to us arranging delivery of the products to you. In either event, if you do not pay us for the products when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend delivery of the products or suspend making the products available for collection until you have paid us the outstanding amounts. We will contact you to tell you we are suspending delivery of the products or making the products available for collection due to non-payment. We will not suspend the products where you dispute the unpaid invoice.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. However, your rights when you end the contract will depend on:
8.1.1 the products you have bought;
8.1.2 whether there is anything wrong with the products;
8.1.3 how we have performed, are performing and/or will perform our obligations under the contract;
8.1.4 when you decide to end the contract; and
8.1.5 whether you are a consumer or business customer:
8.2 If you are ending a contract for a reason set out in clauses 8.2.1 to 8.2.5 below, the contract will end immediately and we will refund you in full for any products which have not been provided and, in some circumstances, you may be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that delivery of the products or the time when the products will be available for collection may be significantly delayed because of events outside our control as set out in clause 7.3;
8.2.4 we have delayed or have notified you that we are going to delay delivery of the products or the time by which the products will be made available for collection as set out in clause 7.10, in each case for a period of more than four weeks; or
8.2.5 you have a legal right to end the contract because we are in breach of these terms.
8.3 If you are a consumer customer who has purchased products online, then for standard stocked products you have a legal right to change your mind and cancel the contract within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Your right as a consumer who has purchased products online to change your mind and cancel the contract within 14 days and receive a refund does not apply in respect of special order or bespoke/made-to-measure products.
8.5 If you are a consumer customer who has purchased products online, you have 14 days after the day you (or someone you nominate) receives the products, unless we have agreed with you to split your products into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
8.6 Even if we are not at fault and you are not a consumer customer who has purchased products online who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation (the contract is completed when the products are delivered and paid for). If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you):
8.6.1 where you are a consumer customer, reasonable compensation for the net costs we will incur as a result of your ending the contract; and
8.6.2 where you are a business customer, a percentage of the price calculated as per the table below depending on the type of products you have ordered, as compensation for the net costs we will incur as a result of your doing so.
|Type of product
|Standard stocked products
||30% of the price of the products
|Special order products
||100% of the price of the products
||100% of the price of the products
9. HOW TO END THE CONTRACT WITH US
9.1 To end the contract with us, please let us know:
9.1.1 by using the contact details in clause 2.2 or contacting the branch where you purchased the products (please provide your name, home address, details of the order (including the order number) and, where available, your phone number and email address); or
9.1.2 where you are purchasing products online, by completing and returning the form at the end of these terms.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received or collected them, you must return them to us. You must either return the products in person or send them back to us at the branch where you bought them. Please contact us using the contact details in clause 2.2 or the contact details of the branch where you purchased the products for a return label. If you are a consumer exercising your right to change your mind you must return the products within 14 days of telling us you wish to end the contract.
9.3 We will pay the costs of return:
9.3.1 subject to the limitations in clause 13 applicable to business customers, if the products are faulty or misdescribed; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the products or these terms, an error in pricing or description, a delay in delivery or making the products available for collection due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs will depend on the type and the volume of products you have purchased and we will confirm these with you before we arrange collection.
9.5 If you are entitled to a refund under these terms, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price if you are exercising your right to change your mind, as described below:
9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products as a result of you:
(a) causing marks or blemishes to the products;
(b) bending the products;
(c) cutting or otherwise breaking up the products;
(d) not storing the products in accordance with our or the manufacturer’s instructions;
(e) storing the products in their delivery packaging for an extended period of time which has led to warping of the products;
(f) handling the products in any other way which would not be permitted in a shop.
We will not provide you with a refund until we are able to inspect the products.
9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.6 We will make any refunds due to you as soon as possible:
9.6.1 If you are a consumer customer who has purchased products online and are exercising your right to change your mind, then your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us.
9.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind and us being able to inspect the products.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract at any time by writing to you if you do not:
10.1.1 make any payment to us when purchasing your products online or whilst in branch or otherwise when payment is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
10.1.2 within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
10.1.3 within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you):
10.2.1 where you are a consumer customer, reasonable compensation for the net costs we will incur as a result of your breaching the contract;
10.2.2 where you are a business customer, a percentage of the price calculated as per the table below depending on the type of products you have ordered, as compensation for the net costs we will incur as a result of your breaching the contract.
Type of product
Standard stocked products
30% of the price of the products
Special order products
100% of the price of the products
100% of the price of the products
10.3 On rare occasions, we may write to you to let you know that we are going to stop providing certain products. We will let you know as soon as reasonably possible of our stopping the supply of any products and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCTS
If you have any questions or complaints about the products, please contact us using the contact details at clause 2.2 of these terms.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE / DAMAGED PRODUCTS IF YOU ARE A CONSUMER CUSTOMER
12.1 If you are a consumer customer, we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your products are faulty, then you can get an immediate refund.
b) Up to six months: if your products can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.
Please also see clause 8.3.
12.2 If, as a consumer customer, you wish to exercise your legal rights to reject products, [you must return them to us. You must either return the products in person or send them back to us at the branch where you bought them. Please contact us using the contact details in clause 2.2 or the contact details of the branch where you purchased the products for a return label.
12.3 Some of the products we sell to you also come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee or the website from which it can be accessed, which will be provided with the products.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE / DAMAGED PRODUCTS IF YOU ARE A BUSINESS CUSTOMER
13.1 If you are a business customer, we warrant that on delivery any products shall:
13.1.1 conform in all material respects with their description and any relevant specification;
13.1.2 be free from material defects in design, material and workmanship;
13.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
13.1.4 be fit for any purpose held out by us.
13.2 Subject to clause 13.3, if:
13.2.1 you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
13.2.2 we are given a reasonable opportunity of examining such product; and
13.2.3 you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:
13.3.1 you make any further use of such product after giving a notice in accordance with clause 13.2.1;
13.3.2 the defect arises because you:
(a) bent the products;
(b) cut or otherwise broke up the products;
(c) failed to follow our or the manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(d) stored the products in their delivery packaging for an extended period of time which led to warping of the products;
13.3.3 the defect arises as a result of us following any drawing, design, measurements, requirements or specifications supplied by you;
13.3.4 you alter or repair the product without our or the manufacturer’s written consent; or
13.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
13.6 Some of the products we sell to you also come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee or the website from which it can be accessed, which will be provided with the products.
14. PRICE AND PAYMENT
14.1 The price of the product (which includes VAT) will be the price indicated in branch or on our website. We take all reasonable care to ensure that the price of the product advised to you is correct.
14.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
14.4 We accept payment with most major credit and debit cards including Visa and Mastercard. When purchasing products online you can also pay via PayPal.
14.4.1 Where you are purchasing products online, you must pay for the products up front and in full, as part of the ordering process.
14.5 Where you are purchasing products in branch, we will generally require you to pay for the products up front and in full when placing your order in branch, unless you have a credit account with us, although we may agree that you pay us a deposit in respect of the products and the remaining balance prior to us arranging delivery of the products to you or where they are collected by you.
14.6 If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.7 If you are a business customer, if you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.8 If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we may charge you interest on correctly invoiced sums from the original due date.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER CUSTOMER
15.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.1.
15.3 If we are delivering products to you at your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while delivering the products.
15.4 Where you are a consumer customer, we are only delivering the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose, our liability to you will be limited as set out in clause 16.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS CUSTOMER
16.1 Nothing in these terms shall limit or exclude our liability for:
16.1.1 death or personal injury caused by our negligence, or the negligence of our employees or agents (as applicable);
16.1.2 fraud or fraudulent misrepresentation;
16.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
16.1.4 defective products under the Consumer Protection Act 1987; or
16.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
16.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
16.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for products under such contract.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under these terms to another organisation, including another business within the Epwin group.
18.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18.7 If you are a business customer, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS
(Complete and return this form only if you wish to cancel the contract)
To Specialist Building Products Limited (trading as National Plastics) of Unit 1b Stratford Court, Cranmore Boulevard, Solihull, B90 4QT and firstname.lastname@example.org.
I hereby give notice that I cancel my contract of sale of the following products:
- Order No (if applicable):
- Products ordered / received on:
- Signature (only if this form is being sent in the post:
© Crown copyright 2013.
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